I have spoken to about 2-3 solicitors (as per my LA advice). All of which just stopped responding.
So I am happy to issue the section 21 myself but I fear it may be invalid.
I did provide the LA with all the relevant documents at the start. GSC, EIPC, EPC, Deposit certificate (protected within 30 days) and PI, How to rent booklet, PAT certificate and fire/smoke alarm test records.
The LA also confirmed he did pass those documents onto the tenant when he moved in 4 years ago. Every year I have got the GSC done in time and sent it to the tenant. Which he acknowledged.
My issue is the tenant is becoming really difficult to deal with. No rent increase in 4 years. I have tried it many times but he keeps refusing. Or making false promises.
I am at this point now I just wish to have the house back. I fear that if I do issue section 21, he may deny receiving all the documents at the start.
My other issue is, the first GSC is missing landlord address. At the time, I was a new landlord and did query this with the engineer at the time. He told me it was fine as he’s being doing this for years. Now I fear, this may mean I can never issue section 21.
How would I go about either increasing the rent (which tenant always refuses) or getting him to leave.
I have carried out every repair or issue he has raised over the years within a week of him asking. I have given him extensions on discussing rent increases but then he backtracks. He consistent pays his rent a week late for the past 3 years. The rent is also £500 under market rate. Even with the proposed increase, I still wish to keep it under market rate.
You do not need to negotiate a rent increase. This is ideal, but you can simply issue a Section 13 notice to demand a higher rent. Then see if he pays or appeals.
While the LL can issue a S13 (if no rent review clause), it sounds like rather than paying or appealing to a tribunal, he simply won’t pay and will ignore it. If so, you have grounds for S8 once they’re two months in arrears.
LA should have obtained proof that he did. Ask them for it.
It sounds like you need a specialist solicitor if you want this guy out properly and before the RRB becomes law (which will mean you’re going to face much more hassle getting him out). How many of those solicitors you’ve spoken to have you engaged and paid money to? If you’re just contacting them for advice, they’ll go silent until you engage them properly.
You’ve relied on an agent in the (very commonly) mistaken belief that they will do everything properly. In actual fact, if you use an agent, you are responsible for what they do. IMO, with an agent, all you pay for is another layer of risk. Now’s time to bite the bullet.
Does the LA have any record of serving the documents on the tenant? Even just a file note might be enough if theyre willing to sign an affidavit.
The lack of an address on the gsc would probably be an issue if the tenant or the court spots it, but they might not. Nothing to stop you serving both a s21 now to try it and a s8 when youre able to use ground 8. You can increase the rent as advised above.